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<br />,'-, <br />;:--j <br /> <br />, -=J ---- <br /> <br />Promissory Note <br /> <br />Date /1AP-C.J--1 ; , 2001 ' Date of Completion -u. ce... b<-r /.. 2 tl tl / <br /> <br />1. FOR VALUE RECEIVED, the Julesburg,lrrigation District ("BORROWER") promises to pay the State of Colorado <br />Water Conservation Board ("CWCB"), the principal sum of One Hundred Thousand Dollars ($100,000) plus <br />interest at the rate of 3,5% per annum for a term of thirty (30) years, pursuant to Loan Contract No, C150060 <br />dated March 1, 2001 ("LOAN CONTRACT"), <br /> <br />2. Principai and interest shali be payable in equal instaliments of $5437.13, with the first payment due and payable <br />one year from the date that the CWCB determines that the project is substantialiy complete, and annually <br />thereafter until all principal, interest, and ali late charges, if any, have been paid in full. AIi principal, interest, and <br />late charges, ~ any, then remaining unpaid shail be due and payable 30 years thereafter, <br /> <br />3, Payments shali be made payable to the Colorado Water Conservation Board and mailed to 1313 Sherman <br />Street, Room 721, Denver, Colorado 80203. ' <br /> <br />4, If the eWCB does not receive the annual payment within 15 calendar days of the due date, the CWCS may <br />impose a late charge in the amount of 5% of the annual payment. <br /> <br />5, This Note may be prepaid in whole or in part at any time without premium or penalty. Any partial prepayment <br />shali not postpone the due date of any subsequent payments or change the amount of such payments, <br /> <br />6, AIi payments received shali be applied first to iate charges, if any, next to accrued interest and then to reduce <br />the principal amount. <br /> <br />7, This Note is issued pursuant to the LOAN CONTRACT between the CWCB and the BORROWER. The LOAN <br />CONTRACT creates security interests in favor of the CWCB to, secure the prompt payment of ali amounts that <br />may become due hereunder, The security interests, evidenced by a Security Agreement and a Deed of Trust <br />dated March 1, 2001, in the amount of $100,000, cover certain revenues and real property of the BORROWER, <br />The LOAN CONTRACT, Security Agreement and Deed of Trust grant additional rights to the CWCB, including the <br />right to accelerate the maturity of this Note in certain events. " ' <br /> <br />8, If any annual payment Is not paid when due or any default under the LOAN CONTRACT or the Security Agreement <br />or Deed of Trust securing this Note occurs, the CWCB may declare the entire outstanding principal balance of <br />the Note, ali accrued interest" and any outstanding late charges immediately due and payable, and the <br />indebtedness shall bear interest at the rate of 7% per annum from the date of defauit. The CWCB shilll give the <br />BORROWER written notice of any alieged default and an opportunity to cure within thirty (30) days of receipt of <br />such notice before the BORROWER shall be considered in default for purposes of this Promissory Note, <br /> <br />9, The BORROWER, any guarantor, and any other person who is now or may hereafter become primarily or <br />secondarily liable for the payment of this Note or any portion thereof hereby agree that if this Note or interest <br />thereon is not paid when due or if suit is brought, then it shali pay ali reasonable costs of coliectlon, including <br />reasonable attorney fees, In the event of any bankruptcy or similar proceedings, costs of collection shall include <br />all costs and attorney fees incurred in connection with such proceedings. including the fees of counsei for <br />attendance at meetings of creditors' committees or other committees, <br /> <br />10, This Note shali be governed in all respects by the laws of the State of Colorado. <br /> <br /> <br />::A;I::'. <br /> <br />( orge Dracon, President <br /> <br />(SEAL) <br /> <br /> <br />Appendix 2 ~oLoan Contract No. C1 S0060 <br /> <br />.... <br /> <br />",.,\. <br /> <br />, <br />